Landlord Can't Get Use and Occupancy

November 1, 1993

LVT Number: 8297

Landlord sued to evict loft tenant for nonprimary residence. Within two weeks, landlord asked the court for use and occupancy (U and O) while the case was pending. The court ruled for landlord, and tenant appealed. The appeals court found that tenant didn't have to pay U and O yet. Tenant hadn't asked for any adjournments. In fact, any delay in the trial would probably come from landlord seeking discovery. Tenant shouldn't have to make interim payments to landlord under these circumstances.

Landlord sued to evict loft tenant for nonprimary residence. Within two weeks, landlord asked the court for use and occupancy (U and O) while the case was pending. The court ruled for landlord, and tenant appealed. The appeals court found that tenant didn't have to pay U and O yet. Tenant hadn't asked for any adjournments. In fact, any delay in the trial would probably come from landlord seeking discovery. Tenant shouldn't have to make interim payments to landlord under these circumstances.

Hung-Thanh, Inc. v. Doktori: NYLJ, p. 27, col. 3 (10/28/93) (App. T. 1 Dept.; Miller, JP, McCooe, Glen, JJ).

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